Legal Opinion

Union Pacific Railway Co. v. Hand

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 44 opinions

Error from Douglas District Court. On the 10th of April, 1867, Edwin W. Hand paid, his fare and took passage in the cars of the Union Pacific Roilway Company, at Junction City, for the purpose of going to Manhattan. When near Fort Riley several cars of the train ran off the track, the passenger coach, in which was Hand, upset, and Hand was injured.

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Error from Douglas District Court. On the 10th of April, 1867, Edwin W. Hand paid, his fare and took passage in the cars of the Union Pacific Roilway Company, at Junction City, for the purpose of going to Manhattan. When near Fort Riley several cars of the train ran off the track, the passenger coach, in which was Hand, upset, and Hand was injured. In August, 1867, he brought suit in-the district court of Douglas county, to recover damages for the injuries he had sustained, claiming $10,000. In his petition the plaintiff alleged that the track of defendant’s road between Junction City and…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

1. Court; tv lien InTwkfn113’ eiraes. A question is raised in limine, of controlling importance. The facts necessary to understand it are these: The verdict in the case was returned and judgment entered thereon on Saturday the 5th of December, and at the close of the day the court adjourned to Monday, the 7th; but neither on Monday, the 7th, nor on Tuesday, the 8th, was any court held, the district judge being absent. On the 8th of December the motion for a new trial was filed with the clerk. On the 9th, the judge having reached…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. People v. SanchezCalifornia Supreme Court · 1864
  2. Cook v. SkeltonIllinois Supreme Court · 1858
  3. Womack v. WomackTexas Supreme Court · 1856
  4. Jones v. StateIndiana Supreme Court · 1858
  5. People v. BradwellNew York Supreme Court · 1824

2 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  2. Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
  3. Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
  4. People v. McGarryMichigan Supreme Court · 1904
  5. Kennon v. GilmerMontana Supreme Court · 1885

39 more not listed; retrieve them via the Exa API.

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